Section 28-310.01 - Assault by strangulation or suffocation; penalty; affirmative defense(1) A person commits the offense of assault by strangulation or suffocation if the person knowingly and intentionally: (a) Impedes the normal breathing or circulation of the blood of another person by applying pressure on the throat or neck of the other person; or(b) Impedes the normal breathing of another person by covering the mouth and nose of the person.(2) An offense is committed under this section regardless of whether a visible injury resulted.(3) Except as provided in subsection (4) of this section, a violation of this section is a Class IIIA felony.(4) A violation of this section is a Class IIA felony if:(a) The person used or attempted to use a dangerous instrument while committing the offense;(b) The person caused serious bodily injury to the other person while committing the offense; or(c) The person has been previously convicted of a violation of this section.(5) It is an affirmative defense that an act constituting strangulation or suffocation was the result of a legitimate medical procedure.Neb. Rev. Stat. §§ 28-310.01
Laws 2004, LB 943, § 2; Laws 2015, LB 605, § 13; Laws 2019, LB 141, § 2.Amended by Laws 2019, LB 141,§ 2, eff. 9/1/2019.Amended by Laws 2015, LB 605,§ 13, eff. 8/30/2015.